19 The commission of organized acts of violence with immunity granted by the law enforcing agencies will normally operate to void an election, even in circumstances where organized violence has not permeated the entire constituency. But in Shurugwi, law enforcement agencies did not stand idly by as they had in other constituencies. The petitioner’s witnesses testified that the police, when called upon, had acted with prompt regard. When Cotton Ndlovu and Eliphas Ndiwani made reports to the police, the police immediately went to arrest and disarm the militias. The militias’ spears and axes were confiscated and placed under police custody. The police action had effectively conveyed a message to the inhabitants of Shurugwi that these acts of violence and intimidation were unlawful, and would therefore be stopped. By doing so, the police in Shurugwi, succeeded in muzzling the effect that the violent campaign had hoped to have- that is, to prevent “persons of ordinary nerve and courage” from exercising their vote freely. Having found that the evidence against both the respondent and his agents on whether they committed corrupt practices lacking, the petition failed to meet the standards required in voiding an election on these counts. 5.5 J. Ziyambi: Zvishavane The petitioner, Mr. Farayi Maruzani, sought to nullify the results of the election in Zvishavane constituency on the grounds that the respondent, Mr., Meeting Mbalekwa, was guilty of a breach of the electoral act. Namely that Mr. Mbalekwa, his election agents and supporters: perpetrated violence, property destruction, assaults and intimidation in an effort to instill fear throughout the electorate so as to subvert the free will of the people was guilty of vote-buying attempted to procure votes in a corrupt manner, namely by approving the disbursement of funds to such persons who would mount a roadblock at which they could harass and intimidate MDC supporters. There were two main incidents of violence: 1) on 9 April 200, at Mushaya Business Centre, a lorry carrying Zanu (PF) supporters armed with slashes, bricks, sjamboks, stones and sticks assaulted fifteen people 2) on 17 June 2000, at Maglas Township, two witnesses were assaulted with logs and knobkerries. There were three main instances of corrupt practices: 1) on 6 May 2000,at a Zanu (PF) rally in Mutambi, the respondent produced firearms in an effort to intimidate potential opposition support and steam any gains made by the opposition among the populace. He also allegedly approved the disbursement of $2000 to individuals ready to mount a roadblock where opposition supporters could be harangued and intimidated. 2) On 20 June 2000, at a rally in the Mafuwe area, the respondent and a war veteran named Hogwe offered $2000 to any individual who would deal with an MDC vehicle which was “giving them problems.” 3) On 15 February 2001, near the Harare High Court, the respondent allegedly tried to bribe one of the petitioner’s witnesses to not testify against him in court. Justice Ziyambi had little regard for the petitioner or his witnesses. Her demeanour in court was that of ambivalence towards their position and standing. Most were poor, with limited education, and had experienced victimisation at the hands of the person they were facing off in court: the respondent. Throughout her opinion, she described the petitioner’s witnesses as arrogant, unpersuasive, evasive, visibly uncomfortable, vague and embarrassing; their testimony delivered in an angry manner, or uncorroborated. She seemingly put an uneven amount of weight on the witnesses’ demeanor without taking into account their modest social and educational backgrounds. In this AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.